Cases→6009335/2024

Claimant v ISS Facility Services Limited

17 January 2025Before Employment Judge Mr. A SpencerLondon Central

Outcome

Claimant fails

Individual claims

Constructive Dismissalfailed

The tribunal determined that the claimant was not dismissed. Without a dismissal, a claim for unfair constructive dismissal cannot succeed as dismissal is a prerequisite for such a claim.

Facts

Ms Todorova brought a claim for unfair constructive dismissal against ISS Facility Services Limited. The case was heard over two days in January 2025 at London Central Employment Tribunal. The claimant represented herself while the respondent was represented by counsel.

Decision

The tribunal concluded that the claimant was not dismissed. Since dismissal is a fundamental prerequisite for a claim of unfair constructive dismissal, the claim failed and was dismissed.

Practical note

A constructive dismissal claim cannot succeed without proof that the claimant was actually dismissed, whether actually or constructively.

Case details

Case number
6009335/2024
Decision date
17 January 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Name
ISS Facility Services Limited
Sector
professional services
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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